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migrant workers’ exploitation and abuse and incorporate workers from
informal and underground economies into the labour force, with clear benefits
for host countries, including increasing contributions to national tax and social
security revenues;
(c) Consider creating regularization options for persons who may not
fall under the international refugee regime but who may need to have their
human rights protected and consider granting legal residence to children and
adolescent victims of abuse and exploitation as a durable solution, in line with
the best interests of the child;
(d) Ensure that regularization policies are sustainable and respectful of
human rights norms, inter alia, by incorporating provisions to protect migrants
from reprisals from their employers who might prefer that they remain in an
irregular status.
2.
Managing massive and mixed migratory flows
78. States should not resort to collective deportations, which are contrary to
international law and human rights standards. States should have regular
monitoring mechanisms to prevent collective deportations and ensure that all
removal or deportation orders and decisions comply with the safeguards
recognized in article 22 of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families.
79. States should ensure that their border control and anti-smuggling efforts
are carried out in a manner that respects and protects human rights, does not
interfere with search and rescue obligations, and does not block access to
asylum procedures and the identification of trafficked victims.
80. The Special Rapporteur encourages the establishment and implementation
of institutionalized services and programmes to provide comprehensive support
and protection to persons arriving in mixed migratory flows, especially women,
children and the elderly, including means to detect those who are in need of
international protection. Protection services should include access to
humanitarian assistance in the first instance, including adequate food and
water, and access to health services, legal advice and effective asylum
procedures. Longer term needs should include access to durable solutions in the
case of persons in need of international protection and support for return to the
community of origin for those people who are deemed able to return with no
risk to their human rights.
81. The detention of children and adolescents through border control
measures, such as interception at sea, should be addressed through a child
protection approach. Similarly, migration authorities responsible for the
mistreatment of children should be held fully accountable.
C.
Preventing ethnic profiling of migrant communities, hate crimes,
racism, racial discrimination, xenophobia and related intolerance
82. States should prohibit ethnic profiling of migrant communities as a form
of discrimination.
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